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within and across that portion of Grantor's Property more parricularly depicted and <br />described in Exhibit C attached hereto and incorporated herein (='Easement area"-') for the <br />purpose of constructing, installing, operating. replacing, repairing and,'or maintaining <br />such pipes, lines. wires, conduits and.'or other utilities improvements reasonably <br />necessan• for Grantee to access. connect with and use the existing pipes, lines. wires. <br />conduiu and'or other utilities located within Grantor'; Property for the benefit of <br />Grantee`s Propem~. <br />_. \-laintenanee and Reoair Obligations. <br />a. Grantee shall be solely responsible for the maintenance. repair and <br />replacement of any of its faci I;ties located on Gr~.,iPe•s Properrv. <br />b. Grantor shall be entitled to commence or complete any- reasonably <br />necessary item of maintenance on Grantee's utility improvements to the extent same <br />materially and adversely affects the function of Grantor's utilities, but only in the event <br />that Grantez first declines to perform, or causz to be performed, such item, or in the event <br />that Grantee fails to perform, or cause to be performed, such item with reasonable <br />diligence. In such event, Grantor shall, upon completion, provide Grantee w7th an <br />invoice detailing the work performed and the total cost and Grantee shall be obli_eated to <br />reimburse Grantor within sixty (60) days of its receipt of such invoice. <br />c. In the event that Grantee fails to reimburse Grantor as required herein, the <br />outstanding amount due shall begin to accrue interest (back to the date of the applicable <br />invoice) until paid in full at the rate of twehe percent (12%) per annum. <br />d. ~'otwithstanding anything else contained herein, in the event that a part} <br />hereto, by reason of the negligence or willful actions of itself, its employees. agents, <br />contractors, or sub-contractors, shall cause material damage to the utilities improvements <br />solely for use by the other pam•, then such party causing such damage shall be soleh• <br />responsible for any and all actual and reasonable costs associated with repairing and:'or <br />replacing such facilities. In such instance, the aggrieved pamr shall be entitled to, upon <br />completion of any necessary repair or replacement, provide the aggrieving patty with an <br />invoice detailing the work performed and the cost thereof. The aggrieving pang shall <br />reimburse the aggrieved party within thirtc (30) days of its receipt of such invoice. <br />~. Each of the parties hereto shall protect, defend and hold harmless each of <br />the other from any liability, loss, costs, damages. expenses, fees, liabilities and or suits or <br />other actions whatsoever (collectively, "Damages") arising out of or in any connected <br />with the acts or omissions of the parries, their respective employees, agents, tenants, <br />invitees, licensees or contractors in their installation, maintenance. repair, replacement or <br />use of the utilities improvements located within Grantors Propem as contemplated <br />herein. <br />~. L"pon completion of any installation, maintenance, repair or replacement <br />work as provided for herein. Grantee shall, at its own expense, restore the surface of the <br />t4'CSR a12"5631 <br />F3 <br />Attachment number 4 <br />Page 82 <br />